C.F.R. » Title 24 » CHAPTER IX—OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT › PART 966—PUBLIC HOUSING LEASE AND GRIEVANCE PROCEDURE › Subpart B—Grievance Procedures and Requirements

24 C.F.R. § 966.56

Procedures governing the hearing

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(a) The hearing must be scheduled promptly for a time and place reasonably convenient to both the complainant and the PHA and held before a hearing officer. A written notification specifying the time, place, and the procedures governing the hearing must be delivered to the complainant and the appropriate official.

(b) The complainant shall be afforded a fair hearing, which shall include:

(1) The opportunity to examine before the grievance hearing any PHA documents, including records and regulations, that are directly relevant to the hearing. (For a grievance hearing concerning a termination of tenancy or eviction, see also § 966.4(m).) The tenant shall be allowed to copy any such document at the tenant's expense. If the PHA does not make the document available for examination upon request by the complainant, the PHA may not rely on such document at the grievance hearing.

(2) The right to be represented by counsel or other person chosen as the tenant's representative and to have such person make statements on the tenant's behalf;

(3) The right to a private hearing unless the complainant requests a public hearing;

(4) The right to present evidence and arguments in support of the tenant's complaint, to controvert evidence relied on by the PHA or project management, and to confront and cross-examine all witnesses upon whose testimony or information the PHA or project management relies; and

(5) A decision based solely and exclusively upon the facts presented at the hearing.

(c) If the complainant or the PHA fails to appear at a scheduled hearing, the hearing officer may make a determination to postpone the hearing for no more than 5 business days or may make a determination that the party has waived his right to a hearing. Both the complainant and the PHA must be notified of the determination by the hearing officer. A determination that the complainant has waived the complainant's right to a hearing will not constitute a waiver of any right the complainant may have to contest the PHA's disposition of the grievance in an appropriate judicial proceeding.

(d) At the hearing, the complainant must first make a showing of an entitlement to the relief sought and thereafter the PHA must sustain the burden of justifying the PHA action or failure to act against which the complaint is directed.

(e) The complainant or the PHA may arrange, in advance and at the expense of the party making the arrangement, for a transcript of the hearing. Any interested party may purchase a copy of such transcript.

(f) Accommodation of persons with disabilities. (1) The PHA must provide reasonable accommodation for persons with disabilities to participate in the hearing. Reasonable accommodation may include qualified sign language interpreters, readers, accessible locations, or attendants.

(2) If the tenant is visually impaired, any notice to the tenant which is required under this subpart must be in an accessible format.

(g) Limited English Proficiency. PHAs must comply with HUD's “Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons” issued on January 22, 2007 and available at http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/promotingfh/lep-faq.

[40 FR 33406, Aug. 7, 1975. Redesignated at 49 FR 6714, Feb. 23, 1984, and amended at 56 FR 51580, Oct. 11, 1991; 81 FR 12374, Mar. 8, 2016]
Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1987–2025 · leading case: Shepherd v. WELDON MEDIATION SERVICES, INC.
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Shepherd v. WELDON MEDIATION SERVICES, INC. (2011) wawd · cites it 7× “” 24 C.F.R. § 966.56 (b). A tenant can review any PHA document relevant to the grievance in advance of the hearing.”
Sager v. Housing Commission (2012) mdd “The regulations require a formal grievance hearing “by an impartial person or persons appointed by the PHA, other than a person who made or approved the PHA action under review or a subordinate of such person.”
Watson v. Philadelphia Housing Authority (2009) paed “24 C.F.R. §§ 966.56 , 966.57. In this case, there is evidence that Watson was provided with a notice of lease termination that stated the grounds for termination and provided the tenant with thirty days to vacate the Premises.”
Hunter v. City of Des Moines Municipal Housing Authority (2007) iowa “See 24 C.F.R. § 966.56 . These procedures include the right to be represented by counsel, the right to present evidence and arguments in support of a tenant’s complaint, and the right to examine witnesses.”
Corcoran Management Co. v. Withers (1987) massappct “The applicable Federal regulation, 24 C.F.R. § 966.56 (f) (1987), provides in pertinent part that “[t]he hearing shall be conducted informally by the hearing officer or hearing panel and oral or documentary evidence pertinent to the facts and issues raised by the complaint may…”
Housing Authority of St. Louis County v. Lovejoy (1988) moctapp “24 C.F.R. § 966.56 (c); Tenant Grievance Procedure (D)(S).”
Hous. Auth. of the Town of Greenwich v. Rodriguez (2017) connappct “See 24 C.F.R. § 966.56 (2014). Following a formal hearing, "[t]he decision of the hearing officer or hearing panel shall be binding on the [public housing authority] which shall take all actions, or refrain from any actions, necessary to carry out the decision .”
Charmaine Hunter v. Russell Underwood (2004) ca8 “§ 1437d(k), and 24 C.F.R. §§ 966.56 , 966.57. This federally mandated procedure is sufficient to satisfy any due process concerns regardless of any additional notice that might be provided by state law.”
Sims v. Kemp (1991) ilnd “§ 1437d(k); 24 C.F.R. § 966.56 . The PHA may not terminate a tenancy except for “serious or repeated violation of the terms or conditions of the lease or for other good cause.”
Henderson v. Wright (2025) ohnd “at 267–68) (explaining due process requires an individual receive the opportunity to present his own arguments and confront adverse witnesses “[i]n the context of the denial of public benefits”); 24 C.F.R. § 966.56 (b)(4) (granting the tenant “[t]he right to present evidence and…”
Desiree Knight v. Macon Housing Authority (2025) gamd “24 C.F.R. § 966.56 (a) provides procedures governing the hearing, specifically that “[t]he hearing must be scheduled promptly for a time and place reasonably convenient to both the complainant and the PHA and held before a hearing officer.”
Eric Wendell Holloman v. Jacksonville Housing Auth (2007) ca11 “” 24 C.F.R. § 966.56 (d). The Fourteenth Amendment to the United States Constitution provides two kinds of due process protections: procedural and substantive.”
Show all 16 citing cases →
— 24 C.F.R. § 966.56(b) — 1 case
Williams v. Friedman (1994) nyed
— 24 C.F.R. § 966.56(d) — 1 case
Gibson v. Housing Authority of New Orleans (1991) lactapp
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.